May a club pass on cannabis to non-members?

Under the Consumer Cannabis Act (Konsumcannabisgesetz, KCanG), a cannabis social club may pass on cannabis only to its members. The law does not provide for handing cannabis over to non-members, and that is the core of the permit. Seeds and cuttings follow a separate rule, which is explained further below. This article explains who counts as a member, which quantities apply and why home cultivation does not open a detour either.

What the permit allows a club to do

A club needs an official permit to cultivate cannabis jointly and to pass it on to members. This is set out in § 11 para. 1 KCanG: shared cultivation and passing on to members require a permit from the responsible authority. Passing on to members is therefore the purpose for which the permit applies.

Cultivation is also limited to members. Under § 17 para. 1 sentence 1 KCanG, cannabis may be cultivated jointly in a cultivation association only by members. Anyone who is not a member does not take part in cultivation at the club.

Passing on may take place only within the enclosed premises, from members to members, with both present in person (§ 19 para. 1 and 2 KCanG). At every handover the club must strictly check age and membership using the membership card and an official photo identification (§ 19 para. 2 sentence 2 KCanG). If the check is missing, this is an administrative offence (§ 36 para. 1 nos. 16 and 17 KCanG). Members may not pass on the cannabis they receive to third parties (§ 19 para. 4 sentence 1 KCanG).

Who counts as a member

Only persons who have turned 18 may become members (§ 16 para. 1 KCanG). The person must also have a residence or habitual abode in Germany (§ 16 para. 4 sentence 1 no. 1 KCanG). Anyone who is already a member of one club may not, under § 16 para. 2 sentence 2 KCanG, also be a member of a second club.

The upper limit is 500 members per cultivation association (§ 16 para. 2 sentence 1 KCanG). Whether a particular club can still take on new members can only be found out directly from the club. The requirements in detail are described in the article Who may become a member of a cannabis social club?

Where the line between member and third party runs

For the question of who may receive a handover, only membership in exactly that club counts. All other persons are third parties within the meaning of the permit, even if they know the club well or are members of another club.

• Persons with a valid membership in the club who meet the age limits
• Friends, family and acquaintances without membership
• Members of another club, because membership is possible only in one cultivation association

The last group is often underestimated. A member of one club may not use another club's handover as a substitute, and the same applies the other way round.

The quantities apply to members, not to third parties

The quantity rules relate to passing on to members. Members aged 21 and over may receive at most 25 grams per day and at most 50 grams per calendar month (§ 19 para. 3 sentence 1 KCanG). For young adults, meaning persons aged between 18 and under 21 (§ 1 no. 20 KCanG), an upper limit of 30 grams per calendar month applies. The THC content may be at most 10 percent.

These limits show what the system is built for: a fixed handover to a fixed group of people. The quantities relate to the individual person and the relevant period, not to the club as a whole. A club that passes on to third parties leaves this framework, and the permit provides no basis for such a handover.

Home cultivation is no detour

Some members consider passing on the harvest from their own cultivation to friends. This is not permitted. Cannabis from private home cultivation may not be passed on to third parties (§ 9 para. 2 KCanG). Private home cultivation is tied to the place of residence and limited to at most three plants at the same time (§ 9 para. 1 KCanG).

The article What is the difference between home cultivation and a club? explains how the two differ. The article May a member also cultivate privately? covers whether a member may additionally grow at home.

Typical questions from the club

Many members ask whether they may bring something for friends on a first visit. This too is a handover to a third party, as long as the person is not a member. The law provides no exception for guests that would justify such a handover.

A second question is often whether a member may also collect something for others. The quantities in § 19 KCanG relate to receipt by members, not to favours for third parties. Anyone who is unsure should clarify beforehand with the club what is allowed.

With friends who are not members, a clear answer helps most. You do not have to explain why you are passing nothing on, though you should say so plainly. A clear no protects both sides and avoids later discussions.

Exception: seeds and cuttings

Seeds and cuttings are propagation material (§ 1 no. 7 KCanG) and do not fall under the law's definition of cannabis (§ 1 no. 8 letter c KCanG). For them, § 20 KCanG provides for passing on to non-members as well. Cultivation associations may pass on propagation material obtained through shared home cultivation within their enclosed premises to non-members who are at least 18 years old and have a residence or habitual abode in Germany (§ 20 para. 1 sentence 1 no. 2 KCanG).

Firm conditions apply. Both sides must be present in person, and the club checks age and residence using an official photo identification (§ 20 para. 1 sentence 2 and para. 2 KCanG). Per person and calendar month, at most seven seeds or five cuttings, or five seeds and cuttings combined, are permitted (§ 20 para. 3 KCanG). The purpose must be private home cultivation (§ 20 para. 4 no. 1 KCanG), and the club must demand from the recipient reimbursement of the costs of obtaining the material (§ 25 KCanG). Shipping and delivery of cuttings are prohibited (§ 20 para. 5 KCanG). The article May clubs pass on seeds and cuttings? explains the details.

An example from everyday life

Jonas is 20 years old and a member of a club. His brother is not a member and asks whether Jonas can give him ten grams. Jonas is a young adult, but the limits in § 19 KCanG govern what a club may pass on to members. They give Jonas no permission to hand cannabis on to other persons.

A handover to the brother is not covered by the law and may be a criminal offence under § 34 KCanG. For Jonas this means that he declines the request and tells his brother where he can find information himself. That is uncomfortable, but it protects both of them from proceedings.

Why the rule also serves youth protection

Limiting handovers to members keeps access narrow. For the enclosed premises of a cultivation association, persons who have not yet turned 18 may not enter (§ 23 para. 1 KCanG). A club that passes on only to members reduces the risk that cannabis reaches younger people by indirect routes.

Cultivation associations are also obliged to contribute to comprehensive youth and health protection, and they appoint a prevention officer for this purpose (§ 23 para. 4 KCanG).

What you can do concretely

1. Check the permit. Ask the club for its permit under § 11 KCanG and have it explained which authority issued it.
2. Decline offers from outside the club. Cannabis offered to you outside a club handover is not covered by any club permit.
3. Get advice if you are unsure. You will find information and contact options at cannabispraevention.de.

The rule is clear, even if details remain open in individual cases. For legal questions about a specific matter, a lawyer is the right contact. More articles on the topic can be found under Cultivation associations and clubs.